Korean Job Discussion Forums

[maybe]

I found that this site is even more useful than the Korean government itself. Getting pointers from here before approaching them seems the best route to take. ^^

To start I'm a F-4 visa holder. I was contracted with a hagwon from January 2006 to February 2007. This was fishy to me from the start because I was under the impression that contracts could only be one year at a time and nothing more. Mine was a year and a month. Before my contract was finished, the school approached me to resign for another year. I told them that I wouldn't be able to stay another year because I wanted to go back to school in August back in the States. They said that the contract could be shortened but only until the end of August. I also told them that I was being WAY over worked. They would have me translate things and etc. that was not part of my contract or work description. They said that could not be done also. Besides those two, I told the school numerous times that I was very unhappy at the hagwon because of the poor management and the way that the management handled any the the teacher's grievances. If you made a complaint, they labeled you as a "trouble" teacher. So basically, they were going to get me for another six months for just an extra 100,000 won a month...

I signed the second contract under the impression that it was a new contract and not an extension. NO WHERE in the new contract did it state that it was an extension nor void out the initial. I also did not have any intention to finish out my second contract because I was looking for another job. The school wouldn't allow me time to look for another job before I signed. That was my initial mistake. But I started looking for another job.

In the beginning of February 2007, a parent of one of my kindies were going to open an English section within a children's house at their church. The father was one of the head pastors therefore had the power to employ potential candidates. I had a relationship with this family already and told them that my initial contract was done at the end of February but had signed for another six months. My contract also stated that if I wish to terminate the contract I may do so without further consequences than the ones stated in the contract.

With the initial contract, if I finished it out, I would get my severance (which I should under Korean labor law) and my return flight. I gave my notice three weeks before the end of February although my contract stated that I would have to give them at least two months. The school said it was alright, didn't exercise their part of the contract to two months, and they told me that they found a teacher. I told them I was quitting for school because I wanted to be able to leave on time, when they asked.

But they pulled me aside later to discuss my last pay. They were rude to begin with. They began to interpret the contract to their advantage (expected) and not to what the contract blatently stated. I kept on asking where it stated that the second contract was an extension instead of a new one. They kept on stating that because the second contract had the start date of January 22, 2007 it would override the first. Wouldn't that be some type of conflict? But yeah, no where in the second contract did it say that it voided the first or was an extension. They began to tell me that because I terminated the contract I was forfeiting my rights to my severance and my return flight. I tried to argue in a civil manner, but they were getting ugly so I just nodded my head and planned to take things to the Ministry of Labor.

I finished out my contract and on my last day, this past Wednesday, they pulled me aside again to tell me that they knew that I was going to work for another school and have spoken with my student's mother (This I later found out was a lie, they directly threatened to sue them and me if I was hired). My ex-hagwon was telling me that they have the rights to sue the other school and me because I signed another contract with them while still being under contract with them, claiming "conflict of interest". I haven't signed a contract with the other school, nor participated in any legal bindings with them. I knew my contract. Plus, the ex-owner did not even allow me the chance to tell him that I didn't have a contract with them. He kept on ranting about how he has full rights to sue them and me, but won't because it would take too much time and money that would be wasted. Then they let me on my merry way.

My only thought were, why do that on the last day? And I did nothing to confirm that I was going to the school since I wasn't basically allowed to talk. When I did go in on Friday to the official first day of school for the other school, I was told that I may not be able to work there because my ex-hagwon says that they will sue the church if I work there. The children's house is a part of the church. But they can't sue a non-profit organization right? If anything, they would only be able to go sue the children's house. And they have been calling the two parents nonstop since Wednesday with the threats.

I don't see where they would be able to sue me for more than breaking contract. Which is something many teachers do. I'm just wondering why they are going after me when other teachers within the last year have done the same. =T

Funny thing is that I was in the unknown about the whole situation because my ex-hagwon let me go saying that everything was alright. And then they went and did that?

Although, I terminated my contract, the ex-hagwon and I are still following its guidelines. But they are also not following through in that they are hindering my chance of future employment in South Korea and another article where it states that I would be able to leave the school in good standing.

So, I am still speaking with my new director. The ex-hagwon said that they will sue the other school if they hire me and still sue me no matter what. The director is being considerate and asking that if they don't hire me that they not sue me either since I will be returning to the States soon. I'm going to the Ministry of Labor, Ministry of Justice, and the inspector's office on Monday with my Korean friend. I am taking everything from my contracts and other documents from the school. I am asking for any extra advice or perhaps if my school is breaking any numerous laws also.

My plan is to have them inspected ASAP because they have two new foreign teachers who have not gone for visa runs who are working right now. And I plan on going in on Monday or Tuesday after all the Ministry things are done, to call their bluff of suing everyone. I won't take legal employment with the other school until everything has cooled down. But I'm also wondering if I would be able to sue the ex-hagwon for hindering me from working somewhere else.

Again, thank you very much for your time and responses in advance. ^^

[Areut]

[maybe]

[gsxr750r]

Screw the other teachers. It's their own damn fault. They know damn well they're working there illegally. If you want to be nice, warn them of what is coming. They either not show up, or get busted.

What you need to do is go straight to the immigration office overseeing your area and report your hagwon for hiring illegal teachers. You are a in a war with that school. They are threatening to sue you. That's a bunch of crap. If we all could get sued for signing contracts with other schools before our contracts were finished with another, then none of us would work here. That's just crazy.

[SHANE02]

[Teufelswacht]

Sorry to hear about your problems. I'm not really up on the laws with respect to your situation. However, from reading the OP it seems you may be trying to be civil about this whole thing while they are not.

I would recommend taking the gloves off. Besides the labor board I would also pay a visit to the tax office. Having they been paying the taxes deducted from your pay? Probably not. Are they/have they been going by the tax laws with respect to the other teachers? Chances are the answer is "no." From anecdotal evidence, it seems the one thing that a hogwan owner is fearful of is the guys in suits from the tax office showing up at their doorstep.

You may want to also check the Pension office and the Medical Insurance office.

Just a thought.

I really hope it all works out for you. Best of luck.

T

[ChuckECheese]

Sorry to hear all the crap that you're going thru.

But let this be a good lesson for all the naive newbies not to get too personal with your hagwon director no matter how friendly they seem. I mean don't let them know too much about your personal business. If they ask, just brush them off with some vague answer.

Not all but most hagwon directors will nickle and dime you to death and are always looking for a way to screw you some way, shape, or form.

Never let your guard down.

[bellum99]

Don't worry about the other teachers. They should be legal and if they aren't then they shouldn't be there. Go all the way.

[Young FRANKenstein]

[poet13]

Take the gloves off as the othe poster said. Punch him right in his big brass balls. Knock him into next week. Punch him so so hard next thursday is a distant memory. Go stomp some @ss! THAT i agree with. Your employer, no matter what your previous relationship was, is f-ing with you big-time!
Another poster said that the new people there deserve what happens to them cause they should know they are illegal. I don't agree even a little bit. Lot's of people come over here to work assuming that their potential employer is aquared away.
Find a way to let the new people know what's going down so they can clear their gear.
Let us know what happens.

[Missile Command Kid]

[poet13]

Yes, I agree, but so many employers here are very fast talkers, and have such sublime jive that it's easy to fall into the trap of thinking that they now what they're talking about and go laong with it, all the while wondering if it's true.... .

[shifty]

At a previous gig I had been assured by the recruiter that I would not work illegally, and that I'd go for a visa run to avoid any of that.
The main thing was to come over immediately.

However, on arrival the director said in a lazy voice that I'd go for the run at the end of that month only. I really had no option but to work, as I was out of pocket for the air ticket.

The recruiter changed her story, saying that immi knew that I was "qualified" and there'd be no prob.. Anyway, it all worked out ok.

When the dust had settled and I expressed how apprehensive and annoyed I had been, the director seemed genuinely nonplussed. Finally, an apology reeking of insincerity was issued..

A later director told me that immi doesn't mind at all that hokwons do that, in order to assess the value of the teacher before making commitment.

In short, I'd agree with the poet completely.

[RJjr]

This thread has me wondering what laws would are in place to freeze the OP's assets. How does it work? If his assets are moved out of the country or hidden here before he actually gets sued, what would they do?

[gsxr750r]